I served as a missionary for the church from 1998-2000 in the Manchester England Mission. I am still an Elder, but my missionary work is more limited in scope, venue, and time.
Recently, an investigator was asking why the need for authority. He felt his baptism was just as valid as the LDS baptism.
It reminded me of a portion of a talk I carried around as a missionary. The talk was given by Boyd K. Packer at Brigham Young University in Provo, Utah, 3 February 1980. The talk has many good points, but I focus on the copy I carried when discussing the priesthood.
Our MTC District, I only know four of the 11. From l-r, #5 is Elder Olson, #9 Elder Scow, #10 Elder Young, #11 Elder Ross. The rest were going to Peoria, Illinois if I remember correctly.
“Consider this illustration.
“Suppose an agent came to you with a real bargain in insurance. He claims that his policy offers complete protection. He talks of generous coverage, very low premiums, no penalties for making a claim—even a heavy claim. Other features make the policy look better than any you have considered before. He tells you of the company he claims to represent. You know it to be very reputable. You study the policy and find more offered to you, with less required of you, than any policy you have looked at before. You check carefully on the company and come away satisfied that they are indeed reputable. They do stand behind their policies. Some of your friends have dealt with them for years and have always been satisfied. You, it appears, have found a real bargain.
“But in this imaginary account there is one thing that you did not discover, one hitch. This agent was never hired by that company. They have not authorized him to represent them. The company is not even aware that he is using their name. He obtained copies of the policy and adjusted it to give it a little wider appeal. He had some forms and letterheads printed and set himself up in business. When he writes a policy and collects the premiums, they do not go to the head office. The policy goes into a drawer somewhere, and the premium money into his pocket. Chances are, he figures, there will be no claim against the policy anyway, at least not while he is around. And since it is life insurance, certainly there will be no claim while the policyholder is around.
“You have, as the expression goes, been sold a bill of goods. For all you know, you are well insured. You feel content and suppose that when the day comes, as it surely will, your claim will be paid.
“Too bad for you! No doubt the company will reject your claim. They cannot be compelled to honor policies except those written by authorized agents whom they have hired and certified, no matter how convinced you were that this man was a bona fide agent.
“Will you get sympathy? Oh yes. Full value of the policy? Not a chance! Would you not receive anything? Well, for as long as you didn’t know the difference you felt secure, for whatever that is worth.
…
“If you had been sold the insurance policy we talked about, you might be quite complacent, thinking you were well insured. But oh my, how that gets reversed. Somewhere in later conversations would come the sermon, “You ought to have been more careful about where you put your trust. You should have checked more carefully.”
After reading the parable, we would often turn to Hebrews 5:4, “And no man taketh this honour unto himself, but he that is called of God, as was Aaron.”
Decision:In re Jason Josue Lugo, Case No. 15-40121-JDP (Bankr. D. Idaho, 25 Jun. 2015) Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge Counsel for Debtor: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho Chapter 13 Trustee: Kathleen A. McCallister, Meridian, Idaho Trustee’s Counsel: Holly Roark, Office of Kathleen A. McCallister, Meridian, Idaho
Background
Jason Josue Lugo and his wife Lori married in 1996. In December 2003, Lugo acquired real property in Declo, Idaho, and in March 2004 conveyed it to himself and Lori by quitclaim deed. The couple built a home on the property that year and moved in with their family, establishing an automatic homestead exemption by virtue of their occupancy as a principal residence under Idaho Code § 55-1004(1).
In July 2012, Lugo moved out of the marital home due to irreconcilable differences. His family remained in the home. He did not record a declaration of non-abandonment. Under Idaho Code § 55-1006, six months of continuous vacancy creates a presumption of abandonment — meaning Lugo’s automatic homestead was presumed abandoned by January 2013. On 12 September 2013, a stipulated divorce decree was entered awarding Lori sole possession of the property, subject to the two existing mortgages and a $40,000 obligation to Lugo’s father. Under the decree, Lori was to refinance the mortgages within seven months and pay Lugo’s father in installments; if she could not refinance, the property was to be sold and the proceeds used to satisfy the parties’ debts. The decree did not expressly grant Lugo any continuing interest in the property. Pending refinance or sale, Lori was responsible for the first mortgage payments and Lugo for the second.
On 17 February 2015, before filing his bankruptcy petition later that same day, Lugo recorded a Declaration of Homestead on the Declo property with Cassia County. He then filed a Chapter 13 bankruptcy petition claiming the property exempt as his homestead in the amount of $49,401.93 — the estimated equity — under Idaho Code §§ 55-1001, 55-1002, and 55-1003. His Chapter 13 plan proposed to sell the property and pay the secured creditors, with any nonexempt proceeds distributed to unsecured creditors. Lugo acknowledged he could not afford to continue making the second mortgage payments.
The Trustee’s Objection
The Trustee objected to the homestead exemption claim on two grounds: Lugo did not reside at the property — his petition listed his residence in Rupert, Idaho — and his Chapter 13 plan proposed to sell it, which the Trustee argued evidenced a lack of any intent to reside there. The Trustee contended that Lugo therefore did not qualify for the homestead exemption under either Idaho’s automatic or declared homestead provisions, and that the claim should be disallowed in its entirety.
The Debtor’s Response
Debtor’s counsel filed a response arguing that the homestead exemption was valid and that the Trustee had not met the burden of proof required to overcome it.
Counsel acknowledged that Lugo had vacated the property in 2012 and had not filed a declaration of non-abandonment, which created a rebuttable presumption of abandonment of the automatic homestead under Idaho Code § 55-1006. Counsel argued, however, that Lugo had done precisely what Idaho law provides as an alternative: he recorded a Declaration of Homestead with Cassia County, invoking the second track of homestead protection under Idaho Code § 55-1004. That provision permits an owner who is not currently occupying a property as a principal residence to establish a homestead by recorded declaration, provided the declaration states an intent to reside there. Lugo’s declaration did so, and the technical requirements of the statute were met.
On the plan-to-sell issue, counsel argued that the Trustee’s position ignored Idaho Code § 55-1008, which exempts proceeds from the voluntary sale of a homestead for up to one year when the debtor intends to acquire a new homestead. Lugo wished to preserve the equity in the property for use in acquiring a new home, and the homestead exemption should follow the proceeds accordingly.
The Court’s Ruling
Judge Pappas sustained the Trustee’s objection and disallowed the homestead exemption.
The Court began by tracing the two tracks through which Idaho law permits a homestead to be established. The first — the automatic or “springing” homestead — arises by operation of law from the moment a debtor occupies property as a principal residence, without any filing or formality. Idaho Code § 55-1004(1). The second — the declared homestead — permits an owner who is not presently occupying property as a residence to establish a homestead by recording a declaration stating an intent to reside there. Idaho Code § 55-1004(2). Both tracks were relevant here.
Lugo had unquestionably established an automatic homestead when he moved into the Declo property in 2004. But he vacated in July 2012 without filing a declaration of non-abandonment, and under Idaho Code § 55-1006 that homestead was presumed abandoned by January 2013. No automatic homestead survived. Lugo therefore could not rely on the first track and turned to the second.
The recorded Declaration of Homestead was facially sufficient. It satisfied each technical requirement of Idaho Code § 55-1004(3): it stated an intent to reside on the property, included a legal description, and provided an estimated cash value, and it had been properly recorded before the bankruptcy petition was filed. Under normal circumstances, that would be enough. The declared homestead is a recognized and legitimate mechanism, and the Court acknowledged that recording a declaration before filing is a conventional and proper way to establish a homestead exemption.
But the Court held that satisfying the statutory checklist does not end the inquiry when the exemption is contested. When an objecting party challenges the declaration, the Court must look behind its face and assess the quality and genuineness of the proof supporting it — in particular, whether the stated intent to reside is real. Here, because the parties proceeded on stipulated facts alone, with no live testimony from Lugo, the record was fixed. And that record told a story that was flatly inconsistent with any genuine intent to reside at the Declo property.
The divorce decree, entered more than a year before the bankruptcy filing, awarded Lori sole possession of the property and contemplated only two outcomes: refinancing or sale. No scenario in the decree provided for Lugo’s return. His bankruptcy plan reinforced the same conclusion — it proposed to sell the property, and if the sale failed, to surrender it. Lugo acknowledged he could not afford the mortgage. Nothing in the record suggested any realistic pathway by which he could or would live at the Declo property again. The declaration’s statement of intent to reside, the Court concluded, was not supported by the facts.
The Court also rejected the § 55-1008 sale-proceeds argument. That provision exempts proceeds from the voluntary sale of a homestead for the purpose of acquiring a new homestead — but it presupposes a valid homestead exemption in the first place. Because no valid homestead had been established, there was nothing to carry forward into the proceeds. Moreover, the record contained no evidence that Lugo intended to use any sale proceeds to purchase a replacement homestead. The Court found his true aim was to preserve equity against distribution to unsecured creditors — an understandable goal, but not one the homestead statutes were designed to serve.
Why This Matters
Idaho’s two-track homestead system offers a genuine alternative to the automatic exemption. When an owner vacates a property and loses the automatic homestead through presumed abandonment, Idaho Code § 55-1004 provides a second path: recording a declaration of intent to reside. That mechanism is legitimate and used, and a properly recorded declaration ordinarily establishes the exemption. This case illustrates, however, that the declared homestead is not a rubber stamp. When the exemption is contested, the Court will look beyond the four corners of the declaration and assess whether the stated intent is genuine.
The divorce decree can be the most important document in the file. A stipulated divorce decree that awards possession of the property to the other spouse and contemplates only refinancing or sale effectively closes the door on any claimed intent to return. Where no scenario in the decree provides for the debtor’s residency, that decree will be powerful — perhaps decisive — evidence against the homestead claim. Counsel evaluating a client’s homestead position after a divorce should read the decree carefully before advising that a recorded declaration will succeed.
Failing to file a declaration of non-abandonment has lasting consequences. Idaho Code § 55-1006 gives a debtor who plans a long absence without intent to abandon the homestead a clear tool: record a declaration of non-abandonment. Lugo did not do so when he left in 2012, and by the time he filed for bankruptcy in 2015 the automatic homestead had been presumed abandoned for over two years. Practitioners advising clients who are leaving a marital home during separation or divorce proceedings should consider this step immediately.
Live testimony on intent may be essential. The Court explicitly noted that because the parties stipulated to the facts and no live testimony was offered, Lugo had no opportunity to address his subjective intent to return to the property. Stipulated facts are efficient but inflexible — they cannot be supplemented after the fact. Where a homestead exemption contest turns on intent, practitioners should consider whether proceeding by stipulation forecloses testimony that might have been outcome-determinative.
Idaho Code § 55-1008 requires both a valid underlying homestead and a genuine intent to acquire a replacement. The sale-proceeds exemption does not operate independently. It presupposes that the property being sold was validly exempt as a homestead. A debtor who cannot establish the underlying exemption cannot use § 55-1008 to protect sale proceeds. And even where the underlying exemption is valid, the proceeds exemption requires evidence of intent to use them to acquire a new homestead — a plan to sell, pay creditors, and retain equity does not qualify.
Full Decision: Available on PACER, Case No. 15-40121-JDP, Doc. 32 (Bankr. D. Idaho 25 Jun. 2015)
Plain City, Weber County, Utah is not a place that conjures images of billion-dollar industries. Its name suggests modesty, and its streets deliver on that promise — quiet fields, small farms, and houses set back from roads that run straight and flat through Weber County. There is substantial residential development in the past two decades. Even then, this small town produced a remarkable concentration of American transportation entrepreneurial energy. At the center of it stands one man: Chester Rodney England.
When a fire consumed Chester’s lumber yard on the evening of 6 April 1974, his neighbors rose to defend him to allow him to rebuild. Among those neighbors were my grandparents, Milo and Gladys Ross. What they did in the weeks that followed is documented below — eight pages of signatures collected on lumber yard estimate forms, a newspaper clipping, and a typed petition text. This post tells the story behind those pages.
Chester and Maude
Chester Rodney England was born 12 November 1896 in Plain City to William and Ismelda Thueson England. He grew up there, attended Weber Academy, and in 1916 married Maude Vivian Knight — a Plain City girl herself, born in August 1897. One month after their marriage, Chester received a mission call to the Southern States. He was set apart on 5 December 1916 by Apostle Anthony W. Ivins and left his new bride on 6 December 1916, serving for two years. He returned to find Utah in the grip of the 1918 influenza epidemic, his wife under quarantine, and her sister Elizabeth Knight Ericson dead. His mother was also ill, and he spent a week with his aunt Laura England before he could be with his family.
Chester wrote his own history late in life, and his voice is direct. After the mission he worked at the Amalgamated Sugar factory, farmed through the winters, bought a small Ford truck, and began hauling produce to the stores up through Cache Valley. “I found I could make more money doing this than farming,” he wrote, “so I turned the farm back to my father.” On 24 October 1919, his first son, Eugene Knight England, was born in Ogden. On 6 March 1923, his second son, William Knight England, followed. Two daughters, Rosemary and Carol, completed the family.
Milo James Ross (1921–2014)
In 1924 the Weber Central Dairy Association organized and asked for bids to truck milk from the dairymen into the dairy on 19 Washington Boulevard in Ogden. Chester submitted his bid, was accepted, and trucked the first load. He delivered milk in the morning and hauled potatoes up through Cache Valley in the afternoon. Gene and Bill grew up in the business. During summers Chester took them along on the long hauls, building a shelf of boxes out from the cab seat so they could nap on the road. He made sure they always had a bottle of pop at each stop.
During World War II, while Gene and Bill served in the military, Chester hauled Mexican bananas coming into the country at El Paso, Texas, distributing them throughout Utah. Gene served in the 77th Infantry Division at Okinawa, earning the Bronze Star for crawling under fire to drag a wounded soldier to safety — 129 men went up to the escarpment, 27 came back after 72 hours. Bill served in the Air Force in the Philippine Islands from 1943 to 1946. The two brothers found each other on Cebu using a coded letter — Gene had written his middle initial as “B” to signal his location — and Bill arrived with a mattress, making Gene the only man in his division sleeping on something other than a canvas cot. A letter written from the Hotel Keystone in San Diego in May 1946 — Chester on the road at age 49 — gives a picture of those years on the home front. He writes to his wife about a load of bananas, his plans to buy a semi-trailer, and his satisfaction that Gene and Bill are doing well.
Shortly after their return from service, Gene and Bill joined Chester hauling produce. Their first postwar hauls included lumber from Oregon back to Utah, and it was that trade that gave the family firsthand knowledge of the lumber market. The first diesel truck — a used 1940 Kenworth conventional — was purchased during this period. As the business grew, the company also ran two packing sheds and a storage facility for Idaho potatoes at its peak. Around 1957, an unforeseen change in the potato hauling market prompted Gene and Bill to file applications for ICC licenses to haul all kinds of freight, opening an entirely new range of products and geographic lanes. That same year, C.R. England offered 72-hour coast-to-coast service, the first such offering available to American shippers. The first trip east was made by driver Robert Gould in a new 1959 Kenworth, tractor number 17, hauling produce from California to Philadelphia.
In the 1950s Chester stepped back from trucking, leaving Gene and Bill to run what had become C.R. England & Sons. He returned his attention to Plain City. As he wrote: “Our sons retired me from C.R. England & Sons so I started building homes on our property in Plain City. I soon decided I needed a lumber yard if I was going to continue to build. In 1960 I built a lumber yard on the property just west of the home we had sold.” The family’s years hauling lumber from Oregon had given Chester intimate knowledge of the lumber trade, and that knowledge informed the decision. He built three homes on adjacent property and sold them to Keith Lund, Ray Cottle, and Blaine Gibson. He built 25 homes in Plain City and many others throughout Weber County. He built a 12-unit apartment complex in Roy. He took second mortgages from young couples who could not otherwise buy. “It was a great satisfaction to have young couples come and tell me they would never have bought their homes without my help,” he wrote.
Maude was with him through all of it. Born in Plain City in August 1897, she never really left. She served as president of the Plain City Primary, held positions in the Relief Society throughout her life, and attended the Ogden Temple with Chester twice a week when they could manage it. She died in Plain City on 12 February 1982, having lived there her entire 84 years. Chester moved to Salt Lake City after her death and died there on 5 January 1989. He is buried beside her in Plain City Cemetery.
The Sugar Factory
The sugar factory was woven into both families long before the fire. The Amalgamated Sugar Company plant at Wilson Lane, just south of Plain City, was one of the economic anchors of Weber County from the early twentieth century onward. Plain City farmers hauled beets to the rail dumps each fall for decades; the railroad that came to Plain City in 1909 arrived largely to move beet cars to that factory. Chester England worked at the sugar factory himself after returning from his mission in late 1918, spending two winters there before he turned to farming and then trucking.
Milo’s father, John “Jack” Ross, worked for Amalgamated Sugar much of his adult life, following the company between its Ogden, Burley, and Paul, Idaho plants as work demanded. That movement accounts for the geography of the Ross children: Milo was born in Plain City in 1921, his brother Paul born in the town of Paul, Idaho in 1922, and Harold born in Burley in 1924. Amalgamated Sugar built its Paul factory in 1917, and families from the Plain City area followed the work north. The factory experienced difficult early years — a postwar agricultural depression after World War I, and then the beet leafhopper blight that devastated crops through the 1920s and into the 1930s — but it survived to become, in time, the largest sugarbeet processing facility in the world. Chester England and Jack Ross were contemporaries who had worked for the same company in the same corner of northern Utah before either of them had settled into the lives their families would remember them by. For more on the sugar factory’s role in Plain City’s history, see History of Plain City Pt. 1.
The Cradle of American Trucking
Chester England’s 1920 Model T purchase was the seed of something considerably larger than one family’s business. Four major American trucking companies trace their origins directly to Plain City, and all four connect back to Chester. The Standard-Examiner and C.R. England’s own history have documented this story in detail.
C.R. England & Sons grew steadily through the postwar decades into one of the largest refrigerated carriers in the United States, eventually operating a fleet approaching 4,000 trucks and headquartered in Salt Lake City. Gene England served as president of the company well into his later years, still coming into the office daily at age 88. He died on 13 November 2024 at the age of 105. Bill England, who married Fern Hadley — a Plain City Hadley, the same family that signed the petition — died on 28 March 2018 at age 95. He spent his last ten years without sight but maintained, as his family recorded, an extraordinary optimism throughout. He entitled his life history “It Is As Good As It Gets.”
Carl Moyes had driven trucks for C.R. England in his younger years. In the late 1950s, Carl and his wife Betty started B&C Truck Leasing in Plain City. In 1966, when their son Jerry graduated from Weber State College, the family moved to Phoenix, Arizona and formed the company that would eventually become Swift Transportation — for many years the largest truckload carrier in the United States. Jerry Moyes later observed that he liked to say there was “diesel in the water” in Plain City, and that the people there were conceived in sleeper cabs.
In 1990, brothers Kevin and Keith Knight and their cousins Randy and Gary Knight left Swift to found Knight Transportation. All four had grown up in Plain City and gotten their start working for the Moyes family’s Swift Transportation. The Knights were also related to Maude Knight, who had married Chester England in 1916, making them family to the man who started the Plain City trucking tradition. Knight Transportation started with five trucks; four years after going public the company had between 250 and 300. Knight and Swift announced a merger in April 2017, creating Knight-Swift Transportation, valued at an estimated $5 billion with approximately 23,000 tractors and 77,000 trailers.
In 1976, Jeff England — Gene’s oldest son and Chester’s grandson — bought his first truck while still working at C.R. England as an owner-operator, initially under the name “Pride of England Enterprises.” In 1979, with three trucks and a haul contract moving produce from California to New York, he left the family firm to go fully independent. His wife Pat was his partner from the beginning. In the early 1980s he assembled a group of investors, purchased ten more trucks, and rebranded as Pride Transport Inc. By 2017 the company operated a fleet of 500 trucks. In 2012 Jeff passed ownership to his son Jay England. Jeff England said of his decision to leave: “I felt that I needed to do my own thing.” He was 76 at the time of that interview and still driving a truck a couple of times a month.
The fuel infrastructure serving these fleets also has roots in this region. O. Jay Call, who came to Willard, Utah in the mid-1960s, founded Flying J in 1968, naming it for his love of flying, and built it into the largest retailer of diesel fuel in North America. His uncle, Reuel Call, had founded Maverik convenience stores in 1928 in Afton, Wyoming. FJ Management acquired Maverik in 2012. The Call family’s fuel network and the England-Moyes-Knight trucking empire developed in the same northern Utah environment across the same decades.
In September 2022, representatives of all four trucking firms gathered at Peery’s Egyptian Theater in Ogden for the premiere of a documentary about their shared origins. Gene England, then 102 years old, was present on stage alongside Jeff and Dan England, Jerry Moyes, and Kevin Knight.
The Fire
On the evening of 6 April 1974, Chester England went over to open up the lumber yard. He was 77 years old.
He described what followed in his own autobiography:
As I opened the office door, the place exploded and was engulfed with flames. It had been smoldering during the night. We do not know what caused it but it burned everything. I ran in to get the invoices but the ceiling began falling and burned holes in my jacket so I could have lost my life. This was a terrible experience watching everything you have worked hard for go up in flames. I was down in bed for 10 days from shock. We had insurance on it but I had been buying so much merchandise that the insurance didn’t begin to pay for the loss. I appreciated the fire department and the ward members who worked so hard to help. It took many weeks after to clean up. My family thought I should retire and not build it up again. However, I knew I wouldn’t be happy without something to do so I started rebuilding as soon as I could.
The 1977 History of Plain City records the fire at “England Builder’s Lumber Company” and gives the date as April 6, 1975. That date appears to be a transcription error in the town history; Chester’s own autobiography gives 6 April 1974, and that account is the primary source. The fire also destroyed the adjacent Leigh Archery Company, operated by LeGrande Leigh and Robert Jones. The insurance fell short. Chester was 77 and his family urged him to retire. He refused.
Plain City Will Consider Future of the Lumberyard
A newspaper clipping, attached to the first petition page, reported what happened next:
PLAIN CITY — The City Council here will hold a special session May 9 at 8 p.m. to make a decision on requests to rebuild a lumberyard and business destroyed by fire.
Requests that the city permit reconstruction of the lumberyard and Leigh Archery Co. came from Chester England and LeGrande Leigh and Robert Jones.
The council reported, however, that there have been some objections from citizens who do not want to see the lumber operation reestablished.
It also was reported there have been some questions as to the nature of the archery business being conducted. It has not been determined whether it is a commercial business or a manufacturing operation.
The requests to rebuild have been referred to the city planning commission for its recommendation. The recommendation is expected to be received prior to the May 9 meeting. All interested citizens are invited to attend the meeting which will be held in the City Hall.
The council also will consider various projects the city can carry out under the Utah Extension Service Program. Ronald Bouk of the service outlined various programs cities such as Plain City can conduct that may bring it awards and other benefits. The city must make application for such projects by May 31.
Some citizens did not want Chester to rebuild. And so his neighbors organized.
Milo and Gladys Ross
Milo and Gladys Ross, 30 May 1942
Milo James Ross (1921–2014) was born 4 February 1921 in a log cabin just north of Plain City. His mother, Ethel Sharp Ross, died of puerperal septicemia in August 1925 when Milo was four years old, leaving three surviving boys. Milo went to live with his Uncle Ed Sharp, Harold with Uncle Dale Sharp. They were raised in separate homes within a few blocks of one another in Plain City, the extended Sharp family absorbing the loss. For more on the Sharp family’s tragedies, see Sharp Tragedies.
Milo grew up working Ed Sharp’s farm — tending onions, hauling salt from the flats at Promontory, doing whatever needed doing. He played baseball with the Plain City Farm Bureau team and attended Weber High School.
Plain City baseball team. Back (l-r): William Freestone (manager), Norman Carver, Glen Charlton, Fred Singleton, Elmer Singleton (1918–1996). Middle: Clair Folkman, Dick Skeen, Albert Sharp, Abe Maw, Milo Ross. Front: F. Skeen, Walt Moyes, Arnold Taylor, Lynn Stewart, Theron Rhead. See also: Plain City Hurler.
1937 Plain City Baseball Champions. Back (l-r): Ben Van Shaar, Ervin Heslop, Ellis Stewart, Kenneth Taylor, Don Gibson, John Reese. Middle: Frank Hadley, Howard Wayment, Wayne Rose, Ray Charlton. Front: Keith Hodson, Howard Hunt, Wayne Carver, Lyle Thompson, Milo Ross.
In 1940 Milo met Gladys Maxine Donaldson (1921–2004) at a Plain City celebration. They married on 4 April 1942. Six months later Milo enlisted in the Army. He served in the 33rd Infantry Division, 130th Regiment, Company C, trained in weapons and earned expert ranking. He arrived in Hawaii on 4 July 1943 — the same day his son, Milo Paul, was born in Utah, a son he would not meet for three years. He fought through the jungles of New Guinea and the Philippines and was present at the Japanese surrender at Luzon in June 1945. He received two Purple Hearts and the Silver Star. His company received a Presidential Citation for outstanding performance during the seizure of Hill X in the Bilbil Mountain Province. For more on Milo’s military service, see Milo James Ross Military Medals and his 1997 oral history interview.
Milo Ross in uniform at Fort Lewis, Washington
He came home and went to work as a contractor and builder, eventually building and remodeling hundreds of homes throughout Utah, mostly in Weber County. That work is why, when the time came to gather signatures for Chester England, he had a pad of lumber yard estimate forms at hand. They were his working tools. He pressed them into service as petition pages.
Milo knew Chester England personally. A childhood photograph survives showing Milo alongside Harold Ross, Howard Hunt, Josephine Sharp, and Janelle England on horseback — the England and Ross and Sharp children together in the neighborhood as naturally as their parents moved among one another. In his 1997 oral history interview, Milo recalled Chester among the Plain City men who had struggled during the Depression years, when banks failed and farms were lost. Chester was woven into Milo’s memory of Plain City going back to his earliest years.
On Horse l-r: Harold Ross, Howard Hunt, Milo Ross, Josephine Sharp (arm only), Janelle England, Eddie Sharp. In front l-r: Ruby Sharp, Lucille Maw, and Milo Riley Sharp.
The Petition
The typed text at the center of the petition read:
We the citizens of Plain City feel that Chester England should be allowed to rebuild his lumber yard. Since when do you kick a man when he is down/ Lets stand together and help Chester England when he needs a friend.
The headers on the petition pages identify the organizers: “By Gladys and Milo Ross — To Help Mr. England — Rebuild Back Up.” The forms were passed through the community in the weeks leading up to the May 9 city council meeting. One page was circulated by Joan Jenkins.
My father, Milo Paul Ross, had worked for Chester England as a teenager. He and his first wife, Victoria “Vicki” Feldtman (1945–2018) — married 5 March 1963 — both signed the petition. For more on Vicki, see Vicki’s Class Pictures. My grandfather Harold Ross also signed. The Sharp cousins — W.A. Sharp and Florence Sharp, children of the family that had raised Milo and Harold — signed as well. Maude K. England and Chester R. England signed the petition themselves.
Among the more than 340 signers, the connections to Plain City’s history run deep. The Moyes family signed in force — the same family whose son Carl had driven trucks for Chester England and whose grandson Jerry would found Swift Transportation. The Knights signed — relatives of Maude Knight England and future founders of Knight Transportation. Elmer Singleton (1918–1996), the Plain City baseball legend who pitched in the major leagues for five teams over fifteen years, signed with his wife Elsie. Cherrill Palmer Knight (1931–2021), who had served as Plain City City Recorder and was the daughter of Vern and Viola Palmer — also signers — added her name alongside her husband Thayne (1931–2018). Roxey R. Heslop, who contributed the school and cemetery histories to the 1977 Plain City history book, also signed. Hildor England (1896–1983), born Johnson, who married into the England family, signed as well. Gordon C. Orton (1924–2008), a Plain City general contractor and World War II veteran who served in the Philippines, New Guinea, and Okinawa, signed with his wife Leone. Vernal Moyes, who had served as a Plain City councilman, signed alongside his family.
The 1977 History of Plain City records the outcome: “Builders Bargain Center, formerly England’s Builders. This business was started and run by Chester England for many years.” Chester rebuilt. The community’s voice prevailed. For more on Plain City’s history, see the Plain City series on Sagacity.
Circle A Construction
Milo Paul Ross and Larry Aslett
My father’s career at Circle A Construction was built substantially on the same industry that had shaped the England and Ross families in Plain City. Circle A, founded in 1952 in Jerome, Idaho by Marvin Aslett, hauled sugar beets for Amalgamated Sugar for most of its operating history. For roughly 34 years, from around 1971 until Circle A transferred the Paul operations to AgExpress in 2004, my father supervised beet hauls across the Magic Valley, from the fields to the Amalgamated dumps at Paul and elsewhere across southern Idaho — the same plants Jack Ross had worked in a generation before.
Marvin Aslett and Milo Paul Ross at Milo’s 20-year service recognition, 1990. See: Circle A Construction Honors.
Marvin’s sons Larry and Steve Aslett ran the company alongside my father for decades. We called Larry “Uncle Larry” growing up. The Asletts took us to roundups in Mackay, to ranch country above White Knob. I worked for Circle A myself from 1993 through 1998. My first job in 1994 was washing and waxing trucks at the old Hynes beet dump in Paul after harvest. Jack Ross had worked for Amalgamated Sugar in Paul in the 1920s. My father hauled beets to Amalgamated in Paul for three decades. Circle A’s beet hauls fed the same company in the same town across three generations of this family’s working life.
Circle A Construction trucks in front of the Idaho State Capitol, 2000
The Petition Pages
Below are all eight pages of the petition as collected by Milo and Gladys Ross in the spring of 1974.
Complete List of Signers
Names marked with an asterisk (*) represent uncertain readings of the cursive originals. Dates are given where confirmed through research. This list was transcribed from handwritten signatures; corrections and additions are welcome.
Adams, Alice Adams, Allene C. Adams, Calvin Rex Allen, Jeanine Alsup, Marguerete W.* Alsup, Phil S. Amussen, Doris Maw Amussen, Richard W. Ashdown, Rex R. Ashdown, Virginia Bacon, R.A. Baker, Dean A. Baker, Penny Baker, Tom D. Baker, Vivian Beeler, Diana Beeler, Jack Beutler, Kandis C. Beutler, Lloyd J. Bingham, Dee Bingham, Evelyn Bingham, Farrell J. Bingham, Junior D. Bingham, Lorene Bingham, Zona F. Brown, Donna Brown, Robert Bullock, Duane Bullock, Joyce W. Bunn, Carol Bunn, John H. Burr, Adle R. Burr, Arnold K. Burr, Kenna F. Burr, Lester Burr, Roy D. Butler, Donnette R. Butler, Kenneth L. Butterfield, Judy* Calvert, Elaine Calvert, Kent W. Carver, Brent Carver, Harold C. Carver, Jane Carver, Liland Carver, Theone Chase, Dannell Chase, Ladd Chase, LaRene G. Chase, Norma P. Child, Melvin E. Chournas, Beverly* Chournas, Chris* Christensen, Barbara Christensen, Darrell Christensen, Ivan Christensen, Ken Christensen, Margaret Christensen, Ted Cliften, Elaine Cliften, Robert Close, Tom* Cook, Dee Cook, George Cook, Harvey Cook, Jennie Cook, LaRae Cook, Lyman H. Corey, Dean Corey, Fae Costley, Elsie Costley, Paul Cowell, Florence Crook, Carlene Crook, Lane Daley, Kenneth* Daley, Thora Dall, Kathie* Davidson, Donna Davidson, Kathy Davidson, Marland L. DeVries, Norm Donaldson, Betty M. Donaldson, David East, Ava M. East, Donald East, Jimmy K. Eddy, Beverly Eddy, Max Ellis, Carole Ellis, Diana Ellis, Donald B. Ellis, Glen Ellis, Janet Ellis, Lynn Ellis, Ray England, Boyce England, Chester R. (1896–1989) England, Hildor (1896–1983) England, Marvel S. England, Maude K. (1897–1982) England, Merlin England, Mona England, Orel W. Eskelson, David Lon Etherington, John E. Etherington, Nelda Fisher, Dorothy K. Fisher, Robert W. Folkman, Andrea Folkman, Carl Folkman, Clair Folkman, Clara Folkman, Cliff Folkman, Jim Folkman, LeRoy Folkman, Norma Folkman, Robert L. Folkman, Viola Foremaster, Bonne* Foremaster, Pete Fuller, Mary Lynn Fuller, Rex Fuhriman, Viola Gallegos, Edith Gee, Vilate Giles, Lewis Giles, Lucille Grieve, Claramae Grieve, Paul Haas, Julie Hadley, Barbara Hadley, Connie Hadley, Devaine Hadley, Doug Hadley, Gordon Hadley, Howard Hadley, Janet Hadley, Karma W.* Hadley, LaVirra* Hadley, Lenora Hadley, Mary Fee* Hamp, Beth Hansen, Gaylen G. Hansen, Loren M. Hansen, Nancy Havseler/Tesseder, Christine* Haws, Arlene Haws, Darwin C. Haws, Varnell Heslop, Roxey R. Higley, Shirley Higley, Willard J. Hill, Gary Hill, Kae Hipwell, Elmer Hipwell, Joanne Hipwell, Rosetta Hobson, Connie Hobson, Jack Hodson, Delbert Hodson, Lyle M. Hodson, Mr. Ivan Hodson, Ms. Ivan Holmes, Doug Holmes, Joanne Hori, Nancy Hori, Sam Howard, Virgie Howell, Kent* Howell, Peggy J. Hunt, Jan Hurst, Vick* Imlay, Nancy Imlay, Terrence Jackson, David W. Jackson, George Jackson, Mrs. George Jackson, Mrs. Keith Jackson, Keith Jenkins, Ellen W. Jenkins, Genevieve Jenkins, Joan Jenkins, JoAnn Jenkins, Joyce Jenkins, Quentin M. Jenkins, Ronald Jensen, Blaine R. Jensen, Joyce Jensen, June B.* Jensen, Kit O. Johansen, Barry L. Johansen, Carol Johnson, Judy B. Johnson, Randy Johnson, Rex L. Jolly, Grace Jolly, L.M.* Jones, Kathy Jones, Robert Kapp, Clara Jean Kapp, Leon Kawa, Grant D. Kelley, Bertha Kelley, Gail Kelley, Jesse R. Kelley, Leona Kennedy, Hazel Kishimoto, Lorn Knight, Argus* Knight, Arson* Knight, Cherrill (1931–2021) Knight, Thayne E. (1931–2018) Lakey, Dixie Lakey, Tom Large, Fred* Large, Kay* Larkin, Wade R. Laub, William R. Lord, Clarendon “Gene” (1929–2015) Lord, Cline Lund, Elizabeth Lund, Eugene Lund, Keith Lund, Pearl Mace, Rieths* Mahoney, Kathryn Mahnke, Eugene Mahnke, Laura Maw, Abram E. Maw, Floy A. Maw, Karen Maw, Monna B. Maw, Norma Jean Maw, R. John McFarland, Fenton McMillan, Nola L.* McMillan, Thomas A.* Merrill, Paul O.* Mikkelsen, Leo Mikkelsen, Renee Miller, Clarence Miller, Ranae Miller, Thomas A. Miller, Veda L. Moyes, Beverly Moyes, Dale L. Moyes, Edna Moyes, Elaine Moyes, Elbert Moyes, Fentis* Moyes, Ivan Moyes, Juanita Moyes, Kay H. Moyes, LuJean Moyes, Lynn V. Moyes, Mable Moyes, Orin Moyes, Vernal Nash, Augusta R. Neff, Mr. Wayne Neff, Ms. Wayne North, Janet North, Rick Olofson, Mary L. Olofson, Robert L. Olsen, Ian* Olsen, Mary Olsen, Ron Olsen, Yvonne Orton, Gordon C. (1924–2008) Orton, Leone Overman, Curt Painter, Cleo Painter, Lee Palmer, Douglas Palmer, Lawrence Palmer, Susanne Palmer, Thelma H. Palmer, Vern Palmer, Viola (1908–2009) Post, Bessie Post, Judy O. Poulsen, Bernard Poulsen, Nora Rasmussen, Don J. Rasmussen, MaryLynn Reese, J.D. Rhead, Bonnie Rhead, Steve Rhead, Theron Rhead, Vivian Ritz, Mark Robins, Jay* Robins, Mildred Robson, Amy Roddomy, Ronald* Rogers, Dennis O. Rogers, Shareen Roper, Mr. Rodney Roper, Mrs. Rodney Ross, Gladys (1921–2004) — organizer Ross, Harold Ross, Milo James (1921–2014) — organizer Ross, Paul M. Ross, Vicki (1945–2018) Russell, Joe Russell, Shirley Sargent, Evona Sargent, Kent Saunders, Carl R. Searcy, Hazel Searcy, Kenneth J. Seegmiller, Dale Seegmiller, Marie F. Sharp, Florence Sharp, Laurel Sharp, W.A. Shaw, Jerrell B. Shaw, Phyllis Simpson, Archie W.* Simpson, Florence Singleton, Elmer (1918–1996) Singleton, Elsie (–1988) Singleton, VaCona Skeen, Archie Skeen, Charles Skeen, Dick Skeen, Lorraine Skeen, Luella Skeen, Wayne Smith, LaWanna R. Smith, Vernon J. Sneddon, Dennis Sorensen, Gordon A. Sorensen, Karma Sparks, Mildred Stagge, Floyd Stagge, Myrle Statler, Lynda Statler, Richard Stevens, Debra Stevens, Gwen C. Stevens, John W. Tafoya, Arthur Tafoya, Via Taylor, Alice Taylor, Annette Taylor, Call Taylor, Clare Taylor, Edna Taylor, Elma Taylor, Elvin L. (1920–2004) Taylor, Elizabeth Taylor, Fern Taylor, Frances Taylor, Gerald J.* Taylor, Grant Taylor, Idona Maw Taylor, Jr.* Taylor, Kathlene Taylor, Kathy Taylor, Ralph A. Taylor, Rodney Taylor, Rolla H. Taylor, Ross M. Taylor, Sheri Taylor, Val Taylor, Valoy (1932–2024) Tesseder, Doug* Thomas, Duane F. Thompson, Gordon Thompson, Lavina Thompson, Margaret Thompson, Marvel Thompson, Merrvin* Tippetts, Larry* Truscott, L.C. Truscott, LaVona Valdez, Evelyn Valdez, Raymond J. Van Meeteren, Beth Van Meeteren, Frank Van Meeteren, Jean Van Meeteren, Ron Van Workom, Joyce* Vaughn, Bert Vaughn, Renee Wakefield, Marilyn Walton, Neale Walton, Rhea Weatherstone, Lorraine West, George C. West, Lillian Westbrook, Herman Weston, Becky Weston, Brent Weston, Eldon Weston, Fae Weston, Jae H. Williams, Arnold A. Williams, Charlotte Williams, Delbert Williams, F. LeRoy Williams, Karen A. Williams, Nadiene Winder, Jane Winder, Wayne Wright, Norma
In September 2020, Amanda and I took our family out to Golden Spike National Historic Park at Promontory Summit, Utah. I have written about that visit previously. What drew us there, in part, was the knowledge that Amanda’s 3rd great-grandfather Joseph Wayment had been present on 10 May 1869 when the last spike was driven completing the transcontinental railroad — and that Andrew J. Russell’s famous photograph had captured him standing in the crowd. I promised in that post to tell more of Joseph and Ann Reed Wayment’s story another time. This is that time.
Hiram, Amanda, Aliza, and Paul Ross, Bryan Hemsley, Lillian and James Ross, and Jill Hemsley at Golden Spike National Historic Park, 7 September 2020.East and West Shaking Hands at the Laying of the Last Rail, Promontory Summit, Utah, 10 May 1869. Photograph by Andrew J. Russell. Joseph Wayment stands in the crowd on the left side of the image. Find the man standing below the Union Pacific’s No. 119 locomotive light with his jacket open and white shirt, then find the man whose head is in front of that man’s right thigh, behind the fellow with the partially raised hat. That is Joseph Wayment, age 25.
Andrew J. Russell, the official photographer of the Union Pacific Railroad who took this photograph, wrote of that moment: “The continental iron band now permanently unites the distant portions of the Republic, and opens up to Commerce, Navigation, and Enterprise the vast unpeopled plains and lofty mountain ranges that now divide the East from the West. Standing amid ‘The Antres vast and Desert wild,’ surrounded with the representative men of the nation, an epoch in the march of civilization was recorded, and a new era in human progress was ushered in.”
Joseph Wayment was one of the men in that crowd — a twenty-five-year-old English convert who had crossed the Atlantic seasick on the Amazon, walked the plains behind an ox team, survived Montana winters so cold the dishwater froze before it hit the snow, and was now building a life in a patch of Utah desert he would spend the next six decades transforming into a home, a farm, and a community. Would he have fathomed that 151 years later his great-great-great-granddaughter, and her children, would stand at that same spot.
Origins in Whaddon
Joseph Wayment, circa 1874.
I used AI to colorize and sharpen the images. If you click on them, you should be able to see the original black and white. AI took a bit of liberty on the photos regarding clothes.
Ann Reed, circa 1874.
Joseph Wayment was born 7 February 1844 in Whaddon, Cambridgeshire, England, the second son of William and Martha Brown Wayment. His older brother Aaron had lived only one day, so as far as the family was concerned, Joseph was the eldest. I have written previously about his parents in my post on William and Martha Wayment.
Ann Reed was born 1 January 1852 in the same small village — the fifth child and second daughter of James and Sarah East Reed. Whaddon was a tight community, a small village in the district of Royston, County of Cambridge, gathered around the ancient stone church of St. Mary the Virgin. Whaddon appears to have been somewhere around 400-500 people. The Wayments and the Reeds were neighbors in every sense of the word. Their children attended the same meetings, worked the same fields, and children would be baptized in the same river/brook.
Ann’s early life was marked by tragedy. When she was two years old, she slipped into a deep ditch near their home. No one else was nearby. Her mother, Sarah East Reed, then heavy with child, jumped in after her. Ann was saved, but the ordeal brought on labor. The baby girl was born 13 July 1854 and died the same day. Three days later, Sarah also died from complications, and mother and infant were buried together in the same casket. Ann’s father James Reed did his best to keep the family together, but he too died on 2 February 1858, leaving five orphans — the oldest fourteen, Ann just five years old.
Their mother’s sister, Hannah East, came to Whaddon to keep house for the children. Hannah was herself from Whaddon — born there on 24 August 1828, the sister of Sarah East Reed and of George East Sr., who would later become a familiar figure in Warren, Utah. Hannah was baptized LDS 3 June 1848. She stayed with the Reed orphans for several years before emigrating to Zion, where she eventually settled in Lehi, Utah, married Thomas Karren in 1865, and lived until 2 May 1907. It is a quiet thread of continuity that Hannah — who held Ann’s orphaned family together in Whaddon — ended her days in the same territory where Ann built her life, just a day’s journey away in Lehi.
After Hannah left England, the children were kept by the Parish until they could earn their own living. Ann went out to service at age eleven. She endured difficult conditions in several positions before finally working David and Mary Hide Grieg (the histories state it was Grigg), where she stayed nearly five years and carefully saved her wages toward passage to America. The Grieg family lived in nearby Melbourn, a family that was not LDS.
The Gospel Comes to Whaddon
I wrote in the William and Martha Wayment post about how the Wayment home had become a gathering place for LDS missionaries since William’s baptism in March 1850 — how despite community hostility, meetings were held in different houses and baptisms conducted at night to avoid mobs. The gospel took hold in Whaddon. On the night of 7 May 1860, Joseph Wayment, age sixteen, was baptized in Whaddon Brook along with his brother Samuel and sister Emily. Ann Reed, age eight, was baptized and confirmed the same night.
They shared the same waters. They would share a life.
Joseph worked in the peat bogs with his father from his early teens, fossil digging to earn enough for his passage to Zion. He had one more memorable appearance in Whaddon before he left: shortly before his departure, he sang a solo at a church meeting that deeply impressed those present. His voice was described as a clear and beautiful bass. Ann Reed, then twelve years old, was in that congregation. Decades later she would tell her grandchildren with deep feeling how thrilled she had been sitting in that meeting listening to Joseph sing.
The Voyage of the Amazon, 1863
On 1 June 1863, Joseph left Whaddon for Liverpool. Three days later, on 4 June, he booked passage on the sailing vessel Amazon — listed on the manifest as “Joseph Waymound,” age 19 — and sailed from Liverpool with 881 fellow Saints bound for Zion. As I wrote in my Stoker family post, the Amazon was a famous voyage. It was this crossing that Charles Dickens observed and wrote about, describing the Mormon emigrants not as misfits and scoundrels but as the “pick and flower” of England. Future U.S. Supreme Court Justice George Sutherland was also aboard (whose family was LDS). George Q. Cannon dedicated the ship. My own Stoker ancestors were on this same vessel — an extraordinary coincidence that ties our two family lines together. Since Warren and Plain City were small communities, they likely knew each other.
Joseph was seasick nearly the entire six-week crossing. The Amazon landed in New York around the middle of July 1863. He traveled by train to a point on the Missouri River, then by boat up to Florence, Nebraska. From there he walked and drove an ox team across the plains in Captain Dan McCarty’s company — a new experience for him, as he later told his grandsons, having learned to handle horses in England but never oxen. He arrived in Salt Lake City on 3 October 1863, four months and two days after leaving his father’s home.
The very next day the October General Conference of the Church began, held in the Bowery. Joseph stood near the speakers’ platform. Brigham Young was one of the speakers, and Joseph later said it was one of the most inspiring sermons he ever heard — that Brigham Young seemed to be surrounded by a bright light. Part of that sermon Joseph remembered all his life.
The Freighting Years, 1864–1866
After a winter in Lehi, Joseph went to work in the spring of 1864 for a freighting company — probably the Toponce Freighting Company — hauling goods to Montana. He stayed with the outfit until the fall of 1866. Those were hard and consequential years.
The winter of 1864 was brutal. The freighters were snowbound on a Montana river for several weeks. Joseph served as camp cook. He later told his family that when he threw out the dishwater, it froze to ice before it hit the snow. Some of the cattle froze to death. One day the lot fell to Joseph to fetch wood. His hands were tender from cooking and dishwashing, but he went out and cut an armful. As he was picking up the last piece of wood, he felt his whole body beginning to freeze. He stumbled back toward the cabin, but before he reached it his whole body had gone numb. The men rubbed him with coal oil and did everything they could to revive him. One of them said, “Joe Wayment gets no more wood this winter — I’ll get it for him.”
During the freighting years two confrontations became family legend. In the first, a stranger from another company approached the camp and asked if there were any Mormons present. He was directed to Joseph. The man told him he had helped mob the Saints in Missouri and Illinois, then pulled open his shirt to his chest and said, “Now shoot me.” He had lived such a miserable life since helping the mob, he said, that he wanted a Mormon to shoot him. Joseph replied: “No Mormon will ever stain his hands with your blood.”
In the second, the freighters encountered soldiers who had been in Johnston’s Army making their way north into Washington. Learning that some of the freighters were from Utah, they asked to hear the song that had been made up about Johnston’s Army coming to Utah. Joseph was the best singer in camp. He refused at first, knowing it would anger them. When they promised not to get angry, he relented and sang. One soldier became so furious he drew his pistol and threatened to kill the singer. The captain of the soldiers, quick as a flash, drew his own pistol on the angry man and said he would kill him if he harmed the singer. The other soldiers took the man away.
A third incident, at a freighters’ stop near Oxford, Idaho, demonstrated that Joseph was a man of both faith and action. He and his longtime friend and fellow teamster William Butler had pulled in for the night after a long drive. Other freighters already there greeted them with jeers — “There’s those Mormons” — and tried to force them to move on. Joseph and Butler had weary teams and held their ground. When words grew heated, Joseph walked briskly to his wagon, took the green willow switch he used to urge his team, walked thirty paces to some soft ground, and with one swing left it standing upright. Then he walked back, drew his pistol, turned, and split the willow with one shot. The heckling stopped immediately.
In the fall of 1866 Joseph had a strong feeling come over him that he should return to Utah. The company he was working with was a rough and irreligious crowd. He found a secluded spot in the timber, knelt, and asked the Lord for guidance. The next morning his mind was made up. He saddled his horse, gathered his belongings — three buffalo robes and his working clothes — and started for Utah.
Settling Salt Creek
He came first to Layton or Kaysville, then went to Call’s Fort near present Honeyville where he worked for a man named Barnard and helped build the first schoolhouse there. He bought a piece of land at Call’s Fort but eventually sold it. In 1872 he moved to what was then called Salt Creek, southwest of Plain City, and bought the land he would own until his death — purchasing it from H. H. Wadman, making him the second family to settle on Salt Creek. He kept “Bachelor’s Hall” there for about two years. His brother John B. Wayment, who arrived from England in July 1873, lived with him for part of that time.
The home of Bishop William Thomas Wayment and his wife Maud at 662 N. 5900 W. in Warren. Joseph Wayment appears at far right with a horse.
About 1872, Joseph began writing letters to a young woman of his boyhood acquaintance back in Whaddon — Ann Reed. She had grown up, gone out to service, endured difficult years, and was now working for the Greig family, carefully saving her wages. She accepted his invitation to come to Utah and be his wife.
Ann Comes to America, 1874
Ann left her place of work on 2 June 1874 and sailed from Liverpool on 24 June 1874 aboard the steamship Idaho. The Idaho carried 903 passengers on that voyage, arriving in New York on 6 July 1874. Ann traveled overland by rail and arrived in Ogden about the middle of July.
Joseph met her in Ogden — likely taking her to his brother Samuel’s home. On the way they crossed a stream of clear running water. Joseph stopped the horses to let them drink, cupped his hat, dipped it in, and offered Ann the first drink. She couldn’t bring herself to drink water out of a hat from a river like that. Joseph enjoyed the cool drink regardless.
On 7 August 1874, Joseph Wayment and Ann Reed were married by Louis Warren Shurtliff at Joseph’s home in Salt Creek — ending, as Alma Hansen later wrote, the era of “Bachelor’s Hall.” On 29 June 1876, Joseph and Ann traveled to the Endowment House in Salt Lake City, where they were endowed and sealed to each other for time and all eternity. Joseph had been ordained an Elder by Alonzo Knight ten days earlier, on 19 June 1876, in preparation for that ordinance.
The First Years in Salt Creek
The Joseph and Ann Reed Wayment home in Warren, photographed June 1928. Joseph is likely the seated figure visible on the front porch.
Their first child, Sarah, was born 29 October 1875 — one of the first white children born in the Salt Creek area. In the spring of 1876 the Weber River overflowed its banks and covered much of the country where Warren now stands. The first time it came up, it stayed two weeks. The crops survived. But the river flooded again, higher than before, and stayed six weeks. The crops were completely destroyed. Joseph’s house was just high enough to keep the water from running under it — but it came right to the doorstep. He kept a rowboat in which he and Ann traveled to the sandhill in Plain City to do business. His horses broke loose just before the flood and were later found on meadows west of Brigham City. The other cattle and horses in the area lived on the high knolls until the water subsided.
Joseph planted the first fruit and shade trees in the Warren area. He watered them by hand from a well he dug himself, using a long pole with a hook and a bucket because he didn’t have a rope. Later he had a windmill built over the well and irrigated some of his crops with it. About 1880 the residents of Salt Creek organized together and built a ditch up to Four-Mile in the southern part of Plain City to run water to their crops. Part of that original ditch can still be seen near the north side of the bench in Warren.
In March 1881 Joseph was appointed secretary and assistant superintendent of the Salt Creek Sunday School, offices he held for many years. In 1883 he was chairman of the board of trustees for the first schoolhouse built in Warren — a one-room brick building on the bench. His sister Martha Wayment, now Mrs. David East, was the first teacher.
About 1877 Joseph was appointed the first road supervisor in the Warren district, a position he held for ten years. The road supervisor received no pay for his services other than to apply his labor toward his poll taxes, as did all the other men. About the first work done was to fill up some of the creek crossings. He also hauled salt from the creek banks west of Plain City up to the Hot Springs — a full day’s work per load for which he received fifty cents. The salt was used in the smelting of silver ore in Montana.
Six more children followed Sarah: Martha Ann (2 June 1877), Leonard Joseph (12 September 1878), Mary Jane (8 May 1880), Walter Hyrum (14 November 1881), Hannah Alberta (23 August 1883), and Amelia Brown (29 July 1890).
Back row, left to right: Sarah Wayment, Martha Ann Wayment, Leonard Joseph Wayment, Mary Jane Wayment. Middle row: Hannah Alberta Wayment, Joseph Wayment, Ann Reed Wayment holding Amelia Brown Wayment, Martha Brown Wayment (Joseph’s mother). Seated in front: Walter Hyrum Wayment. Photograph circa 1890–1891.
The family portrait above, taken around 1890–1891 when Amelia was an infant, captures all seven children in a single frame. Four generations are present — including Joseph’s mother Martha Brown Wayment at far right, who had herself made the journey from Whaddon in 1878. I wrote about her in the William and Martha Wayment post.
The Flood of 1884 and Ann’s Heroism
In the spring of 1884 the Weber River flooded again — not as severe as 1876, but severe enough to kill all the crops, many fruit trees, and berry bushes. Joseph moved his family into his brother John’s house on the brow of the hill north of the Arthur Marriott home — a one-room house, not large enough for all the family to sleep in. Some of the children slept in a wagon under the shed.
A day or two after they moved, a heavy rain set in. The children’s bedding became soaked. In trying to provide for his family, Joseph was exposed to the rain, cold, and mosquitoes, and he took down with malaria fever. The house was too small for any comfort, and some of the men of the locality moved the family back into their own house — even though it was surrounded by water.
For six weeks Joseph lay near death. Many did not expect him to recover. During this time Ann would walk — and sometimes wade, in water up to her knees — a quarter to half a mile west on the bench to where their cow was pastured. She milked the cow and carried the milk back to feed her husband. For a while he was so weak he could not feed himself, and Ann would have to feed him by hand. He sent for elders from Plain City to administer to him. While they were visiting, he asked to be propped up in bed and talked with them at length. From that time he continued to improve, though he was not entirely well for several years. That fall he was well enough to work on the threshing machine.
Of all the incidents in the long life of Joseph and Ann Wayment, this one — Ann wading flood water to milk the cow and hand-feed her dying husband — speaks most directly to the character of their partnership. The memorial card at their graves in West Warren says it plainly: “Ann Reed Wayment gave loyal and loving support to her husband. No problem arose that they did not find a place of adjustment and agreement.”
Firsts in Warren
The 1902 Portrait, Genealogical and Biographical Record of the State of Utah described Joseph as “one of nature’s noblemen” and enumerated his contributions to the community. He planted the first fruit and shade trees. He was the first road supervisor, serving ten years. When the first schoolhouse was built he served as school board chairman, assessor, and collector. He was one of the first stockholders and directors of the Slaterville Creamery. He raised one hundred tons of sugar beets annually for the Ogden sugar factory.
By 1888 Joseph had shifted his main occupation from general farming to dairying. He kept as many as fourteen milk cows at once. His children did much of the work — milking the cows, putting the milk in cans under cool water until the cream gathered to the top, then skimming and churning it to butter. They sold as many as 2,000 pounds of their own butter in a single year. Later the milk went to the Slaterville creamery, of which Joseph was a founding director.
In November 1910 Joseph was elected Justice of the Peace of the Warren Precinct — a fitting civic capstone for the man who had been among the first to settle Salt Creek and had spent decades building its institutions.
In 1896 Salt Creek was officially named Warren, after Lewis Warren Shurtliff, the stake president who organized the new ward — the same Louis Warren Shurtliff who had married Joseph and Ann in 1874.
Ann in Warren
Ann Reed Wayment.
Ann Reed Wayment at her home in Warren.
Ann Reed Wayment was a woman of quiet and enduring strength. Her daughter Mary Jane wrote of her: “She was an energetic worker in Relief Society, holding and filling many offices in it. She was very useful among the sick, exercising great faith as her best healing art. She was a kind, loving, very thoughtful mother to her family. She lived a useful life, impressing her children and those who mingled with her what a wonderful mother and woman she really was.”
The Warren Ward Relief Society was organized on 30 November 1902. Ann was sustained as its Treasurer — her sister-in-law Castina Wayment, wife of Joseph’s brother Samuel, served as First Counselor. Ann was not present at the organization meeting but was set apart as Treasurer on 5 February 1903. At the first Relief Society meeting held at the home of President Jane Stewart on 18 December 1902, Ann bore her testimony and gave the benediction. She served as Secretary and Treasurer of the Warren Relief Society from 1902 to 1916.
Alma Hansen, who knew both his grandparents personally and compiled their biography from firsthand family accounts, described Ann in a single memorable sentence: “She was short of stature but stood ten feet tall in her loving service.”
In February 1893, Joseph and Ann made an extended trip to the Logan Temple — a journey that had been years in the making. In careful sequence over eight days, they completed ordinance work for ancestors in their lineage and sealed their families together for eternity.
On 16 February 1893, Joseph was sealed to his parents, William and Martha Brown Wayment, in the Logan Utah Temple.
On 21 February, proxy baptism and confirmation were performed for James Reed and Sarah East Reed — Ann’s parents — in the Logan Temple.
On 22 February, the proxy endowment was performed for Sarah East Reed in the Logan Temple. Almost certainly the same was done for James Reed that day, though that record was later lost and the ordinance was repeated at the Manti Temple in 1938.
On 23 February 1893, Ann was sealed to her parents, James and Sarah East Reed, in the Logan Temple.
For a woman who had grown up an orphan at age five — whose mother died saving her life in 1854 and whose father died in 1858 — this February week in the Logan Temple completed a covenant that no earthly circumstance had been able to make. The parents she had barely known were now bound to her forever.
A Mission at Fifty-Six
Joseph Wayment’s handwritten mission acceptance letter to Brother George Reynolds, Warren, 15 January 1900. “It would be agreeable my feelings, and consistent with my circumstances, to take a mission to preach the gospel, if I am considered worthy. I can be ready within 30 days, or less. I remain your Brother, Joseph Wayment.”
On Christmas Day 1899, Joseph was asked to fill a mission for the Church. He was fifty-five years old, a grandfather, and still carrying the kidney effects of a severe malaria attack from fifteen years earlier. His response, written in his own hand on 15 January 1900 to Brother George Reynolds of the First Council of the Seventies, occupies four plain lines: it would be agreeable to his feelings and consistent with his circumstances; he could be ready within thirty days, or less. He remained the reader’s Brother, Joseph Wayment.
On 19 January 1900 he received his formal call from President Lorenzo Snow to labor in the Southwestern States. He was set apart on 14 February 1900 by Apostle George Teasdale in the Temple Annex in Salt Lake City — the same day his Seventy’s License was formally issued, signed by Seymour B. Young, President of the First Seven Presidents of the Seventies.
Joseph Wayment’s Seventy’s License Certificate, issued 14 February 1900, certifying his ordination as a Seventy by Jacob Gates on 7 November 1889. Signed by Seymour B. Young.
His Missionary Certificate bore the signatures of the entire First Presidency: President Lorenzo Snow, First Counselor George Q. Cannon, and Second Counselor Joseph F. Smith. That Joseph’s mission call passed through the hands of George Reynolds — historically notable as the defendant in the landmark U.S. Supreme Court case Reynolds v. United States (1879) — places it squarely in the living history of the Church.
He left the next day for Kansas, laboring first in Elk County under Elder H. E. Harrison, then for nearly four months in Greenwood County, until he was taken very sick with malaria again. In his own words: “I left my field of labor on the 4th of July for St. John and arrived home on the 7th, three days later. I was sick for three or four months.” The malaria affected his kidneys, an effect he felt until his death.
While Joseph was away on his mission and then ill at home, Ann kept the farm, the animals, and the household organized. When he returned, she nursed him back to health.
The Children
Of their seven children, three preceded them in death. Martha Ann, their firstborn daughter, married Louis Alma Hansen on 23 November 1898. She died on 19 October 1908 at age 31 of acute nephritis, leaving four children and her husband. Her loss was a grief Joseph and Ann carried quietly for the rest of their lives. Leonard Joseph married Sarah Naomi Hodson in 1902, was called to the British Mission in November 1915, labored in Belfast, Ireland, took sick, and arrived home 19 July 1916. He passed away the next morning, leaving a wife and three children.
The four who outlived their parents were Sarah (married Joseph Emelius Hansen), Mary Jane (married Samuel Bagley Willis, later Orson Francis Waldram), Walter Hyrum (married Iva Dell Wade), Hannah Alberta (married Thomas LeRoy White), and Amelia Brown (married George James Lythgoe).
The 70th Birthday, 1914
Family portrait honoring Joseph Wayment’s 70th birthday, 7 February 1914, Warren, Weber, Utah. Third row center: Ann Reed Wayment and Joseph Wayment, flanked by siblings John Brown Wayment and William Thomas Wayment and sister Martha East.
On 7 February 1914 the extended Wayment family gathered at the Warren home for Joseph’s 70th birthday — a family portrait captured four rows of family: children, grandchildren, siblings, their spouses and children, and young Alma Wayment Hansen himself, visible as a boy in the second row, who would later compile a biography of his grandparents. At the center of the third row sit Joseph and Ann, flanked by his brothers John Brown and William Thomas Wayment and his sister Martha East. By this gathering all the children had married.
The Grasshoppers
One incident from Joseph’s later years became a touchstone story in the family, attested to by his daughter Sarah. A summer or two after his first malaria attack, he had planted wheat in the field north of the house. The crop grew abundantly, had headed out full, and was beginning to turn yellow when the children noticed one evening that a great horde of grasshoppers had descended on the grain. They went in and told their father. He was not well, still weakened from the malaria. He arose, took his cane, and walked out into the field.
The grasshoppers were large and so thick they were bending the stalks almost to the ground. What once looked like a bounteous harvest now seemed doomed. Then right there in the midst of the grain and the grasshoppers, Joseph knelt and made a most fervent appeal to his Heavenly Father for aid. Night came on. The family retired — but not without family prayer. The next morning not a grasshopper could be found on the grain. There were no traces of where they had been.
The Golden Wedding, 1924
Salt Lake Tribune, 12 August 1924. Joseph Wayment and Wife Honored on Their Golden Wedding Day.
Left to right: Walter Hyrum Wayment, Amelia Brown Wayment Lythgoe, Joseph Wayment, Ann Reed Wayment, Sarah Wayment. Photograph taken at the Warren home, circa 1924.
On Thursday, 7 August 1924, Joseph and Ann celebrated their golden wedding anniversary with elaborate festivities at their Warren home. The Salt Lake Tribune reported the occasion. By remarkable coincidence, a great-grandson was born that same day at nearly the identical hour that Joseph and Ann had married fifty years before — a son born to Mr. and Mrs. William Bennington Jr. of Ogden. The event, as the paper noted, cheered the aged couple considerably.
The celebration drew family from across Weber County. Among those present were Joseph’s siblings — his sisters Mrs. Martha East of Warren and Mrs. Emily Mullen of Ogden, and his brother Bishop William T. Wayment of Warren — along with four daughters, one son, and twenty-six grandchildren.
The photograph captures something of what fifty years in Warren had built. Joseph stands center-rear, his great white beard the same beard his doctor had prescribed after the 1884 malaria — protection for his throat and chest from the cold. Ann stands center-front, hands folded, short of stature. Sarah, their eldest — the first white child born in Warren — stands at the right. Walter Hyrum, their only surviving son, is at the far left with his wife Amelia Lythgoe beside him.
Final Years
Ann Reed and Joseph Wayment.
Left to right: Verlan Hansen, Ann Reed Wayment holding Donald Peterson, Eulail Peterson (back), Robert Hansen (front), Joseph Wayment holding Elaine Hansen, Irene Hansen. Joseph and Ann were the great-grandparents of the children in this picture.
Joseph bought his first automobile in 1912, just past his 68th birthday. About 1922 his eyesight became too poor to read. From that time until his death, someone had to read all news to him. He lived at his own home in Warren until the very end, cared for by his daughter Sarah. He delighted in bearing his testimony and seemed never to tire of talking about and explaining the principles of the gospel. His last public appearance was at a fast and testimony meeting on 11 October 1931, where he bore a strong testimony to the truthfulness of the Gospel and to the fact that Joseph Smith was a true prophet of God.
Ann did not live to see it. She died on the morning of 14 June 1931, at 8:10 a.m., at their Warren home after a three months’ illness — her cause of death recorded on her death certificate as chronic myocarditis with arteriosclerosis as a contributing factor. She had lived in Warren for 57 years without interruption. Her brother-in-law Bishop William T. Wayment was among the speakers at her funeral. A sextet of nephews and nieces sang. Mrs. Jessie Wayment sang a solo. Grandsons served as pallbearers. Granddaughters took charge of the flowers. She was buried in the Warren Cemetery on 17 June 1931.
Joseph took sick on the afternoon of Thursday, 17 December 1931. He passed away very peacefully on Sunday evening, 20 December 1931, at Dee Hospital in Ogden, of bronchopneumonia — the chronic malaria that had plagued him since 1884 listed as a contributing condition. He was 87 years old.
Obituary of Joseph Wayment, Ogden Standard Examiner, 21 December 1931.
He was buried on 23 December 1931 in the Warren Cemetery, beside Ann, who had preceded him six months and six days. They had been married 56 years, 10 months, and 7 days.
Legacy
Sarah Ann Wayment Hansen and her father Joseph Wayment in his final years. Sarah cared for Joseph at home until his death in December 1931.
When Joseph and Ann Wayment arrived in Salt Creek in the early 1870s, there was almost nothing there. When they died in 1931, Warren was a community with a church, a school, a creamery, roads, canals, orchards — many of the first of each having been planted, built, or organized by Joseph himself. They lived to see 32 grandchildren and 37 great-grandchildren. Two of their children served missions; one granddaughter and five grandsons also served missions, all returning safely.
Amanda and I visited their graves in the West Warren Cemetery on 24 May 2020. The memorial card at their headstones — the laminated display that prompted much of this research — was photographed that day. Amanda is their 3rd great-granddaughter through the line: Joseph and Ann Wayment → Martha Ann Wayment Hansen → Walter Wayment Hansen → Bryan Hemsley → Amanda Ross.
Bryan Hemsley, Amanda, Aliza, and Hiram Ross with the tombstones of Ann Reed (1852–1931) and Joseph Wayment (1844–1931), West Warren Cemetery, 24 May 2020.
The memorial card displayed at the graves of Joseph and Ann Reed Wayment, West Warren Cemetery.
Source Documents
The following family histories are available for download:
Life Sketch of Joseph Wayment – copied from a record belonging to Ida H. Johnson (granddaughter), transcribed by Hollis R. Johnson, 1956
Emily Wayment and William Negus – compiled by Alma W. and Martha M. Hansen, 1979
John Brown Wayment and Sarah East – compiled by Alma W. Hansen, 1980
I remember Grandpa, Milo James Ross, telling the story of his arrival in Hawaii. He often shared that, upon arriving, he heard over the loudspeakers that he was the father of a new baby boy. Somehow in my mind, I always equated Dad’s birth as the same date Grandpa arrived in Hawaii. Now knowing communications and technology available in 1943, the birth would not have been communicated to Hawaii the same day. The story suggests the birth and related information arrived before Grandpa to Hawaii. But by how much time?
First, Grandpa’s obituary (which I helped write) indicates he enlisted in the Army in October 1942. In the 1997 interview, Grandpa says he went in on “the first draft” shortly after Pearl Harbor (December 1941). He says he was sent to Fort Douglas and shipped out to Fort Lewis the same day. Grandpa also gave me the date for the photo below as 1942, which is almost a year after Pearl Harbor. He was pretty clear to tell me that when he enlisted, he was not aware that Grandma was pregnant. The first draft after Pearl Harbor, whatever that means, seems fairly immediate to me placing enlistment in 1941.
(l-r): Kenneth Barrow, Ellis or Keith Lund, Milo Ross, Jim Jardine, Unknown, Victor Wayment, Earl Collins 16 Oct 1942
The University of Utah Veterans Support Center states Grandpa landed in Hawaii on 4 July 1942. That seems to collaborate the 1997 interview with him enlisting right after Pearl Harbor. I wondered if that was a typo or if they had some records I was not aware. Was he in the army a whole year and just happened to be in Hawaii when the birth was announced?
There had to be some records out there to help clarify or pin down the dates. Military records give the insight needed. It was years since I did this search, and fortunately more records and information are now available. I try to link to them as they are referenced.
The 33rd Infantry Division arrived in Hawaii on 12 July 1943. Multiple independent military history sources — the U.S. Army Center of Military History, Army Divisions records, and others — all confirm this same date. As a reminder, Grandpa was in the 33rd Infantry Division, 130th Regiment, Company C.
The Division’s timeline shows it moved to Fort Lewis in August 1942. In March 1943, after Grandpa arrived in October 1942, the Division moved to Camp Young, California. There it conducted Desert Training Center maneuvers from April to June 1943 and then shipped to Hawaii in July 1943. This follows the pattern in Grandpa’s 1997 interview. (We have many photos of Grandma’s visit to Grandpa at Fort Lewis, I should share some of those.)
Dad was born on 4 July 1943, and the birth announcement came over the loudspeaker as the ship arrived in Hawaii. The official arrival date of 12 July 1943 means the ship would have been at sea on July 4th. “Sergeant Ross, congratulations. Your wife and son are doing well, and, one more thing, before you get off the ship you and your men have guard duty for the next four hours. Welcome to Hawaii.”
Additionally, a detailed record of another soldier, Staff Sergeant Charles Greer, in Company B of the 130th Infantry Regiment confirms the division’s movements through Fort Lewis in September 1942, Camp Clipper/Desert Training Center in early 1943, and onward — matching exactly what Grandpa described in his 1997 interview.
After settling the year, the next question for me was, where did they land in Hawaii and how long were they there? This took some more research to flesh out. I am grateful for those who continue to expand and make available these stories on the internet.
After arrival of the 123rd and 130th Regiments on Oahu in July 1943, the 123rd Regiment was sent to Kauai almost immediately. The 130th Regiment was sent to the Big Island almost immediately and later joined the 123rd on Kauai in December 1943.
Grandpa’s ship likely docked at a port on Oahu, almost certainly Honolulu Harbor. Honolulu was the primary army troop arrival port, rather than Pearl Harbor which was a naval base.
The primary Army installation area on the Big Island was Waikoloa Maneuver Area, near Waimea. Waimea is on the northern part of the island. Waikoloa Maneuver Area, located south of Waimea on Parker Ranch land, was used for live fire exercises in 1943. Camp Tarawa, also in Waimea, was also a major training ground used in late 1943, but primarily by Marines.
Grandpa’s 130th Regiment was almost certainly stationed in the Waimea/Waikoloa before transferring to Kauai in December 1943. I wasn’t able to find a specific named camp for the Army’s 130th Regiment there.
After the 130th joined the 123rd Regiment on Kauai in December 1943, both regiments completed their training and shipped out April 1944 to New Guinea. This comes from the Greer profile, linked above, which noted that on 21 April 1944, the 130th Infantry Regiment sailed from Honolulu to Finschhafen, New Guinea. It took two weeks to get from Honolulu to Finschhafen. Apparently, the 130th traveled on the S.S. Lurline.
The story of Sergeant Philip Beaman matches what Grandpa told in his 1997 interview. During the following months, the men worked to build up the outpost and conducted more amphibious operation training. They were even put to work unloading supplies at the port due to a shortage of stevedores. Grandpa’s account of unloading ships, digging drainage ditches, and building gravel walkways at Finschhafen matches Beaman. According to Beaman, morale suffered badly. According to the division’s own history, The Golden Cross, most men began to feel the division was “World War II’s forgotten unit.” The Division started calling themselves the “4F Division” — the Finschhafen Freight Forward Force.”
The Division arrived at Finschhafen on 11 May 1944 and remained there engaged in jungle and amphibious training. Later in 1944, the Division moved to Morotai Island arriving on 18 December 1944. The Division landed on the west coast without opposition. Grandpa also described in his interview arriving at Morotai, a PT boat mission, the bank robbery incident, booby trap explosion, and guarding the airstrip.
Dexter Kerstetter also served in Company C, 130th Infantry Regiment, with Grandpa. The Japanese had landed a regiment on the island, which lacked heavy weapons but had fortified the thick jungle around Hill 40.
On 10 February 1945, the 33rd Infantry Division landed at Lingayen Gulf, Luzon, Philippines. After Lingayen Gulf, Beaman describes combat in the foothills of the Caraballo mountain range, in areas nicknamed Bench Mark and Question Mark. From 19 February onward, there is the drive into the Caraballo Mountains toward Baguio.
Kerstetter’s history continues, that on 13 April 1945, during a battle he advanced ahead of his squad. The forward movement had been halted by intense fire that inflicted casualties. Kerstetter advanced beyond his squad and worked his way up the ridge where Japan’s defenses were located. Japan’s soldiers had the ridgeline defended with machine guns, mortars, and infantry in spider holes. He systematically took out enemy defenses with well-aimed rifle fire and grenades. Climbing above the defenses, he dropped down the ridgeline to destroy a cave entrance defense and its four defenders. He resumed his advance on the ridgeline defenses and next encountered a machine gun position, which he destroyed with accurate rifle fire and a grenade, killing four enemy soldiers. Kerstetter then fired on about 20 of Japan’s soldiers behind the main line of defense, scattering them. Out of ammunition, he returned to his squad for resupply. Having good knowledge concerning the locations of Japanese defenses, he led a platoon to the ridgeline and on the way took out a rifle position. The platoon was able to secure the ridgeline. Kerstetter killed 16 Japanese soldiers that day. Company C then held the hill, deterring Japanese counterattacks. During a counterattack two days later on 15 April 1945, Kerstetter was wounded in the leg by sniper fire and sent to a field hospital. He was promoted to sergeant and recommended for the Medal of Honor.
Grandpa being in the same Company was likely involved in some way with much of Kerstetter’s history. The Greer article places the 1st Battalion of the 130th Infantry fighting on Hill 1802 in the Labayug-Alibeng area from 23-25 February 1945. That is just two weeks after landing. The book about the 33rd Division places Hills X and Y in the Kennon Road fighting of late February to March 1945. It was Hill X that gave Grandpa the Silver Star and the whole Unit received the Presidential Citation. Shortly after Hill X Grandpa was wounded while tending to other soldiers who were awaiting medical attention. All this brutal mountain fighting took place on the approaches to Baguio.
Grandpa spent several weeks in recovery. University of Utah says two months, but that cannot be accurate. By mid April 1945 the 130th Infantry Regiment called in air support to help rifle companies get through a network of fortified hills. The fighter-bombers broke Japanese resistance and the 130th finally got across the river. The 33rd Infantry Division liberated what was left of Baguio on 26 April 1945. Grandpa indicates he was present for that liberation, which puts his recovery time at only a couple of weeks, not a full two months.
After Baguio, there was plenty of mopping up work required. The Division mopped up isolated pockets of Japanese troops around Baguio and captured the San Nicholas–Tebbo–Itogon route on 12 May 1945. Fighting continued and on 6 June 1945, Company I of the 130th Regiment was given a Medal of Honor for their activities near Tabio, Luzon. Grandpa indicates he was present at the Japanese surrender at Luzon in June 1945.
On 30 June 1945, all elements of the 33rd Division went to rest and rehabilitation areas. The division then landed on Honshū Island, Japan on 25 September 1945 and performed occupation duties until it was deactivated in early 1946. While the Division performed occupation duties, Grandpa had been honorably discharged 30 September 1945 and shipped home.
I am posting this article ahead of the 81st anniversary of the liberation of Baguio City.
Scanning and working through the photos of Dave & Betty Donaldson continues to be a gold mine. While many of the photos are more routine or mundane, once and a while a few pop up that are an insight into the past we did not previously have. Here are some of those photos. I hope there are even more yet to be found.
Dave Donaldson
Likely in southern California, Dave looks like a young teenager. Dave was born in 1928, I guess he is about 12-14 in the photo.
Maxine, Gladys, Dave, Dena and Dora Donaldson
This photo is fun as it shows a glimpse into the young Donaldson family kids. I don’t have many photos of my Grandma Gladys and every extra one gives more reality to her childhood. Dave was born in 1928, I am guessing he is about 7 or 8 here. Even though Dena and Dora are twins, you can tell they are not identical. I still cannot tell them apart though. I love the wallpaper advertisement in the back ground. It looks like the boonies, but close enough to town to have a large sign advertising wallpaper.
“family Long Beach Calif 1932”
What is the Donaldson family doing in Long Beach, Los Angeles, California in 1932? What is the occasion? Who were they visiting? The neighborhood looks nice. They are dressed nice too.
Dave & Betty Donaldson in Jackson, Wyoming
It looks like a fun ride, but Betty also seems to be holding on extra tight.
Young Milo Ross
This photo is a bit of an enigma to me. I believe this is a pre-war Milo Ross. I haven’t seen this photo before. But why would Dave & Betty have it in their possession, how did they get it if it predates my Grandma Gladys? The hat is similar to some other photos I have seen.
Milo Ross planting
Milo Ross with planter
You can see both of these two photos have Grandpa with probably the same hat. The last one, with the horse in the field, probably dates this into the 1930s. I don’t know how to track down that planter and date it. But I am guessing late 1930s, maybe early 1940s.
Here is another with the same gun.
Milo Ross with gun
John Telford, Jan Birch, Richard Michaelson, Milo Ross
This photo was a delight. Another young photo of my Dad with his first cousins. I am guessing he is 6 or 7, so about 1950-1951.
My Great Grandma Berendena Van Leeuwen Donaldson with Eddie, Irene, Mary, and John Telford
Dena Michaelson and Berendena Donaldson at Will Rogers house (that I believe burned down in 2025)
Dena Donaldson and Dena Michaelson at their home in California. Interesting partial reflections in the water on the sidewalk.
David Donaldson and friends in San Francisco.
This photo appears to be a postcard of sorts. Here is the back of it.
The back gives us more information. The date – 11 December 1917. Taken at 225 Market Street, San Francisco, California. Jack and Byron both appear to have signed their names, but the rest of the writing is David’s. David and Jack are from Ogden, Utah. Byron is from Evanston, Wyoming. I don’t know which is Byron and which is Jack. I also cannot tell Jack’s last name and have been unable to locate something that matches. Kielman? Kiefman? Kilfner?
I located Byron Powell, born 21 July 1894 in Winters Quarter, Carbon, Utah and died 12 September 1957 in Ogden. Byron registered for the military draft in Uinta County, Wyoming, which includes Evanston in 1917-1918.
Dena, Dave, Dora, Maxine, David inside vehicle, and Gladys Donaldson on a trip
Again, I don’t know for certain which is Dora and which is Dena. But another fun photo of my Grandma I did not have before.
I don’t know where this photo is from, but I believe it is somewhere in southern Utah. Probably near or in Zions National Park.
I hope some day to find a better copy of this newspaper clipping.
Back (l-r): Ben Van Shaar, Ervin Heslop, Ellis Stewart, Kenneth Taylor, Don Gibson, John Reese; Middle: Frank Hadley, Howard Wayment, Wayne Rose, Ray Charlton; Front: Keith Hodson, Howard Hunt, Wayne Carver, Lyle Thompson, Milo Ross
Presenting the City-County Baseball Champions… Plain City junior diamond athletes romped away with the county title for 1937 and walloped Lewis junior, Ogden city champions, in a title city-county event last week.
Wayne McLean Carver, athletic manager (1923 – 2015)
Decision:In re Jarred A. Sprague and Elizabeth J. Sprague, Case No. 12-41099-JDP (Bankr. D. Idaho, 18 December 2013) Judge: Honorable Jim D. Pappas, United States Bankruptcy Judge Counsel for Debtors: Paul Ross, Idaho Bankruptcy Law, Paul, Idaho Chapter 13 Trustee: Kathleen A. McCallister, Meridian, Idaho Trustee’s Counsel: Alexandra O. Caval, Meridian, Idaho
Background
Jarred and Elizabeth Sprague filed a Chapter 13 petition on 2 August 2012. Their plan was confirmed on 12 October 2012, and the bar date for non-governmental creditors to file proofs of claim passed on 3 December 2012. Under Federal Rule of Bankruptcy Procedure (“FRBP”) 3004, the Debtors or Trustee had an additional 30 days — until 2 January 2013 — to file a proof of claim on behalf of any creditor that failed to do so.
The debt at issue arose in May 2009, when U.S. Bank closed Ms. Sprague’s bank account after a scam check deposited into the account bounced. Neither U.S. Bank nor its collection assignee, National Law Group (“NLG”), reported the resulting deficiency to any credit reporting agency, and neither contacted Ms. Sprague after the account was closed. When the Debtors compiled their bankruptcy schedules, they relied heavily on their credit reports — which showed no debt to U.S. Bank — and the obligation was omitted entirely from their filings.
In August 2013 — more than a year after the bar date — NLG contacted Ms. Sprague’s employer seeking to collect. Upon learning of the omitted debt, the Debtors promptly amended Schedule F to list U.S. Bank and NLG as creditors, served them with notice of the bankruptcy, and filed a motion to enlarge the time to file a proof of claim on their behalf under FRBP 3004 and FRBP 9006(b)(1).
The Trustee’s Objection
Trustee objected on several grounds. First, she argued the Debtors had not met the “excusable neglect” standard required under FRBP 9006(b)(1) to justify enlarging the FRBP 3004 deadline after its expiration. Relying on In re Schuster, 428 B.R. 833 (Bankr. E.D. Wis. 2010) — the only reported decision she could locate addressing this precise issue — the Trustee argued that the Debtors’ reason for delay was insufficient, as the account closure in 2009 should have put Ms. Sprague on notice that a claim might exist.
Second, the Trustee argued that granting the motion would prejudice the existing pool of unsecured creditors, who held approximately $37,894 in claims and whose pro-rata distributions would be reduced by the addition of a new creditor more than a year into the plan. She further contended that the omitted creditor itself would be prejudiced because its debt would be discharged upon plan completion — a result she argued was impermissible under 11 U.S.C. §§ 1328(a)(2) and 523(a)(3), which exclude from Chapter 13 discharge debts that are neither listed nor scheduled in time to permit a timely proof of claim.
The Debtors’ Brief
Debtors filed a detailed brief through their counsel addressing each of the Trustee’s arguments.
On the procedural question, Debtors’ counsel confirmed that FRBP 3004’s deadline, unlike FRBP 3002(c)’s creditor bar date, is not enumerated in FRBP 9006(b)(3)’s list of deadlines that can only be extended under their own specific conditions. FRBP 9006(b)(1) therefore applies, and the Court may enlarge the FRBP 3004 deadline upon a showing of excusable neglect.
On excusable neglect, Debtors distinguished Schuster on its facts. In Schuster, the debtor had purchased appliances on credit — physical items that provided tangible, ongoing reminders of an unpaid debt — yet still claimed to have forgotten the obligation. Here, by contrast, the Debtors had no collateral, no invoices, no collection contacts, and no credit report entry to put them on notice. Ms. Sprague did not merely forget a debt she knew existed — she was genuinely unaware that any debt was owed. Upon learning of it, she and her husband acted immediately. Debtors’ counsel also identified three unreported decisions from the District of Utah in which courts had granted similar enlargements under comparable circumstances.
On the Trustee’s standing to seek a non-dischargeability determination, Debtors argued that the Trustee lacked both constitutional and prudential standing to raise a dischargeability objection on behalf of a specific creditor. Dischargeability is a particularized right belonging to the individual creditor, not a general estate matter the Trustee may assert.
On dischargeability itself, Debtors argued that § 523(a)(3) would not apply if the Court granted the enlargement. If the time to file a proof of claim on behalf of NLG were enlarged under FRBP 9006(b)(1), the claim would be deemed timely filed under FRBP 3004, included in the plan’s pro-rata distribution to general unsecured creditors, and “provided for” under the plan within the meaning of § 1328(a). The harm § 523(a)(3) is designed to prevent — a creditor being denied both payment and discharge — would not exist.
The Court’s Ruling
Judge Pappas granted the Debtors’ motion in its entirety. Applying the four-factor equitable test from Pioneer Investment Services Co. v. Brunswick Associates Ltd. Partnership, 507 U.S. 380 (1993), the Court found that each factor weighed in the Debtors’ favor.
On prejudice, the Court found the impact on other unsecured creditors to be minimal. The omitted claim was approximately $1,500 in a pool of roughly $37,894 in unsecured debt — a modest reduction in pro-rata distributions that no creditor had objected to. As for the omitted creditor itself, the Court found it would actually benefit from having its claim filed and paid, rather than being left entirely outside the plan.
On the length and reason for delay, the Court found the delay understandable and outside the Debtors’ reasonable control. The creditor had made no contact for over four years, reported nothing to credit agencies, and provided no basis for the Debtors to know the debt existed. Upon learning of it, the Debtors acted promptly.
On good faith, the Court found no basis to question it — a conclusion the Trustee herself did not dispute.
The Court also expressly disagreed with the Trustee’s dischargeability argument, declining to follow Schuster on that point. Because the Court was enlarging the time to file a proof of claim under 11 U.S.C. § 501(c) and FRBP 3004 and 9006(b)(1), the creditor’s claim would be treated as timely filed. The Court doubted that §§ 1328(a)(2) and 523(a)(3)(A) compelled a contrary result under those circumstances, though it declined to rule definitively on the discharge issue as it was not formally before it.
The Order gave the Debtors fourteen days from 18 December 2013 to file the proof of claim for U.S. Bank.
Why This Matters
1. FRBP 9006(b)(1) can enlarge the FRBP 3004 deadline. Unlike the creditor bar date under FRBP 3002(c) — which is expressly restricted from enlargement except under its own terms by FRBP 9006(b)(3) — FRBP 3004’s debtor/trustee claim-filing window is not enumerated in FRBP 9006(b)(3). Courts therefore retain discretion to enlarge it upon a showing of excusable neglect. This is a critical distinction practitioners must understand when an omitted creditor surfaces mid-case.
2. Excusable neglect is highly fact-specific. The contrast between this case and Schuster illustrates how much the reason for delay matters in the excusable neglect analysis under Pioneer. A debtor who genuinely lacked knowledge of a debt — with no collateral, no billing, and no credit report entry — is in a materially different position than one who simply forgot about a known obligation.
3. Acting promptly upon discovery is essential. The Debtors’ immediate response — amending their schedules, serving the creditor, and filing the motion — was central to the Court’s good faith finding. Delay after discovery would have significantly weakened the equitable case for enlargement.
4. The Trustee lacks standing to raise dischargeability on behalf of a single creditor. A Chapter 13 trustee does not have constitutional or prudential standing to seek a dischargeability determination on behalf of a specific creditor. That creditor’s own silence — it filed no objection — reinforced the point.
5. Timely filing cures the § 523(a)(3) problem. Where a court enlarges the FRBP 3004 deadline and the debtor files a proof of claim on the omitted creditor’s behalf, that claim becomes timely for plan purposes. The debt is then “provided for” under § 1328(a), resolving the non-dischargeability concern under § 523(a)(3). Inclusion in the plan is the better outcome for all parties.
Full Decision: Available on PACER, Case No. 12-41099-JDP, Doc. 54 (Bankr. D. Idaho 18 December 2013) Order Granting Motion: Doc. 55 (Bankr. D. Idaho 18 December 2013)